NATIONAL INSURANCE CO LTD Vs. MASHETTY VIJAYA LAXMI

JUDGEMENT

(1.) THE instant appeal is directed against the judgment dated 6. 12. 2004 passed by the learned Motor Vehicles accidents Claims Tribunal, Medak at sangareddy in O. P. No. 348 of 2001.

(2.) THE second respondent-insurance company is the appellant. The claimants are the respondents 1 to 3 herein and the fourth respondent herein is the owner of the vehicle, which involved in the accident.

(3.) THE claim was preferred for compensation of Rs. 2,00,000/- for the death of one, Mashetty Sangaiah, who was travelling in the offending vehicle, which is a DCM Van bearing No. AP 9t 7643 on 8. 4. 1998, so as to go to Kandi Village on the National Highway No. 9 and at about 6. 00 p. m. , on account of rash and negligent driving of the vehicle by its driver, who lost control over the van, the van turned turtle. Consequently, the deceased sustained injuries and eventually succumbed to the injuries, while undergoing treatment in the Gandhi Hospital, Secunderabad. A case in Crime No. 34 of 1998 was registered against the driver of the van. The deceased was aged 45 years at the time of his death and was doing business in selling cloth and earning Rs. 4,000/- per month. He was hale and healthy prior to his death. The first claimant was his wife and claimants 2 and 3 are son and minor daughter of the deceased.